Has there been a breach in the duty of care?

Has there been a breach in the duty of care?

1. 1. What is the standard of care?

   • This is the standard of the REASONABLE PERSON in the same circumstances
     • As laid out in Blyth V Proprieters of Birmingham Water Works
     • This is an OBJECTIVE standard
   • EXCEPTIONS TO THE REASONABLE PERSON STANDARD:
     • LEARNERS: should be driving with the same standard of care of that of an experienced driver as in NETTLESHIP V WESTON
     • CHILDREN (up to 18): are judged against other children of the same age as in MULLIN V RICHARDS
     • PROFESSIONALS (people with a higher skill set than that of the reasonable person and thererfore have a higher standard)
       • THE BOLAM TEST states that it doesn't matter if there is a divded medical opinion as long as there is a body of similar professionals who support
         • THE BOLITHO TEST says that it is ultimately up to the courts to decide whether or not the medical opinion will withstand logical analysis

2. 2. Have the defendants actions caused them to fall below the standard?

   • RISK FACTORS
     • REASONABLY FORESEEABLE
       • You are not expected to take precautions against a risk which is not foreseeable at that time
       • ROE V MINISTRY OF HEALTH
     • MAGNITUDE OF RISK
       • You are not usually expected to go to great lengths to prevent a harm when there is a very slight chance of it happening
       • BOLTON V STONE
     • POTENTIAL HARM
       • Where the risk seems small but the potential harm is great, then you are expected to deal with it
       • PARIS V STEPNEY BOROUGH COUNCIL
     • COST AND PRACTICALITY
       • LATIMER V AEC
       • You are only supposed to do what is reasonable to prevent harm
     • SOCIALLY JUSTIFIED
       • Sometimes it acceptable to run a risk if the action is justified (an emergency situation)
       • WATT V HERTFORDSHIRE COUNTY COUNCIL